Given recent events in the TCPA arena (for example cruise marketing companies agreeing to pay up to $76 million to resolve TCPA claims on the one hand, and a car-sharing service obtaining dismissal of similar TCPA claims on the other hand), discerning a pattern for when cases will be settled can seem impossible. This article examines the factors attorneys and companies should consider, including the facts of the specific case, relevant case law, and FCC regulations.
Mike and Meredith discussed the importance of knowing and understanding the full set of facts behind the case, noting that, “The best approach to defending TCPA cases is to master the facts of each case as early as possible and map out multiple paths to victory. Oftentimes, the smallest details can mean the difference between whether or not a call qualifies as ‘telemarketing’ or a consumer provided ‘consent’ or equipment qualifies as an ‘automatic telephone dialing system.’”
Drinker Biddle’s TCPA team represents companies in individual and purported class actions in jurisdictions across the country and advises them on related compliance issues.